ROHIDAS VISHNU CHAVAN Vs. SRICHAND SHAMANDAS ASWANI

JUDGEMENT

(1.) Heard Mr. Sharma, learned Counsel appearing for the Petitioners and Ms. Chandnani, learned Counsel appearing for the Respondent.

(2.) By the present Writ Petition filed under Article 227 of the Constitution of India, the challenge is to the legality and validity of the order dtd. 5/7/2025 passed by the Learned District Judge-16, Pune in Misc. Civil Appeal No. 248 of 2023 ("Impugned Order"). By the Impugned Order, Learned District Judge allowed said Misc. Civil Appeal and restrained, till the hearing and final disposal of the suit, defendants and other persons claiming through them, by order of temporary injunction from taking possession of the suit premises now shed from the plaintiff without following due process of law. Learned District Judge further directed that status-quo order dtd. 9/11/2023 shall remain in operation till further orders.

(3.) The Learned Additional Judge, Small Causes Court, Pune and the Learned Civil Judge, S.D., Pune, by order dtd. 30/6/2023 dismissed Exhibit 5 Application filed in Civil Suit No. 138 of 2023. The said order was challenged in said Misc. Civil Appeal No. 248 of 2023 and by the Impugned order dtd. 5/7/2025 passed in said Misc. Civil Appeal, the said order dtd. 30/6/2023 is set aside and the injunction has been granted.